Ontario British Columbia Foreign Arbitral Awards Act - Appendix 7- Arbitration Law of Canada: Practice and Procedure - Third Edition
Originally from Arbitration Law of Canada: Practice and Procedured, 3rd Ed.
APPENDIX 7
FOREIGN ARBITRAL AWARDS ACT
[RSBC 1996] CHAPTER 154
Contents
1 Definition
2 Convention applies in British Columbia 3 Limitation
4 Court
5 This Act prevails
Schedule
Definition
1 In this Act, “Convention” means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards set out in the Schedule.
Convention applies in British Columbia
2 The Convention applies in British Columbia.
Limitation
3 This Act applies only to the recognition and enforcement of awards respecting differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of British Columbia.
Court
4 For the purpose of seeking recognition of a foreign arbitral award under this Act, applications may be made to the Supreme Court.
This Act prevails
5 If there is conflict between this Act and any other enactment, this Act prevails.
Schedule
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Article I
1 This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.
2 The term “arbitral awards” shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
3 When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.